Original news and analysis on international IP policy
Investor protection clauses in bilateral trade agreements between European Union member states were declared incompatible with EU law in a judgment by the European Court of Justice in Luxembourg today.
The EU Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, ahead of her US visit announced “a tough tone” on remaining gaps in the implementation of the privacy shield, the arrangement that allows to transfers of data of EU citizens to the United States. Speaking before the EU Parliament's Committee on Civil Liberties (LIBE), Jourová said while she had heard the privacy shield was not a priority of the US administration, “it will be a priority, if we make clear that we will suspend the system if it doesn't work,” adding, “My patience is coming to an end.”
A few weeks after the failure of the World Trade Organization ministerial meeting in Buenos Aires to cut deals advancing issues from fisheries to e-commerce, some governments and trade experts around the world are concerned about the WTO’s future. Meanwhile, a couple of intellectual property-related provisions moved ahead after the ministerial without change.
The 12th Internet Governance Forum has closed its doors and sent home the last of the more than 2,000 die-hard internet governance adepts from 142 countries who stayed until a mere three days before Christmas in the halls of the United Nations in Geneva. Asking the adepts and the critics about what has changed in the forum that started because governments just could not agree on how critical internet infrastructures should be managed during the 2005 UN World Summit on Information Society, the first answer always is just “big”.
With originally 3,000 registered, it is the biggest international internet politics conference. But “big” is not only the size of the meeting, it is also the number of workshops, panels, best practice forums and bi-, pluri- and (nearly) multi-lateral meetings taking place over the five days. So this year Intellectual Property Watch, having participated substantively all week, decided to make an encyclopaedic endeavour to bring you the first IGF dictionary (or to make a dictionary about that encyclopaedic endeavour) in an effort to give credit to the richness of the forum, but highlight some problems, too.
The United States has been a steadfast supporter of the UN-led Internet Governance Forum since its inception over a decade ago, regularly bringing large and high-level delegations to the Forum. The US must have seen the forum as the lesser evil when governments from many continents pounded the desks during the 2005 World Summit on the Information Society (WSIS) conference in Tunis over the US special role in overseeing the Internet Corporation for Assigned Names and Numbers (ICANN) and thereby the heart of the domain name system, the root zone. But IGF 2017, held this week, saw a dramatic change in that regard.
The days of unfettered access to internet content are over, Riana Pfefferkorn of the Stanford Center for Internet and Society told government representatives during a panel dedicated to state interference in encryption, organised by Brazil's registry Nic.br and CGI.br at the 12th Internet Governance Forum this week in Geneva. “Governments have to adapt,” the cryptography researcher said. A concern is, though, that governments will adapt by either lashing out to get backdoors in code, weaken encryption or legalize state hacking.
The globally creeping fear of fake news in the wake of elections resulted in another harsh legislative proposal adopted by the Brazilian “Tribunal Superior Eleitoral” (TSE) earlier this week in Brasilia. The globally creeping fear of fake news in the wake of elections resulted in another harsh legislative proposal adopted by the Brazilian “Tribunal Superior Eleitoral” (TSE) earlier this week in Brasilia. The resolution lays out measures on how content must be removed upon notice in 24 hours by platform providers, a Brazilian activist said during one of the many debates on fake news and potential measures against it at the 12th Internet Governance Forum taking place this week in Geneva.
Open source software today has won in some ways, activists said at the regular Open Source Software Workshop at the 12th Internet Governance Forum in Geneva today.
Microsoft on 19 December presented its Digital Geneva Convention during the 12th Internet Governance Forum in Geneva. With cybersecurity being one of the top issues at the forum, the company received a lot of interest for the idea of developing the convention as a multi-stakeholder draft. But there were also voices of caution from individual governments as well network-operating people.
“Internet content regulation is coming, in fact it is already here,” said David Kaye, United Nations special rapporteur on the promotion and protection of the right to freedom of opinion and expression, during a panel organised by the Global Network Initiative on day one of the 12th Internet Governance Forum in Geneva this week.
After two decades of intellectual property regimes in trade agreements, one could have some second thoughts, according to a number of panellists at the Trade and Sustainable Development Symposium, organised by the International Centre for Trade and Sustainable Development (ICTSD) and held alongside the 11th World Trade Organization Ministerial in Buenos Aires, Argentina this week.
The 11th Ministerial Conference of the World Trade Organization (MC11) ended without a joint ministerial declaration and without progress in some of the important agenda points on the table. Instead several groups of “friends” announced they would push ahead independently, with 71 members including the United States and the European Union announcing they will “initiate exploratory work together toward future WTO negotiations on trade related aspects of electronic commerce.”